Terms and Conditions for Use of K PLUS Vietnam Service
“The User agrees to use a mobile banking application offered by KASIKORNBANK PUBLIC COMPANY LIMITED - Ho Chi Minh City Branch (the "Bank") under the name K PLUS Vietnam or any other name prescribed by the Bank, as the Bank deems appropriate (“K PLUS Vietnam”), whereby the User agrees to be bound by and comply with the following terms and conditions (the "Terms and Conditions").
1. The Bank provides K PLUS Vietnam to persons 15 years of age or older. The User will be able to use selective features as specified by the Bank.
2. The User can use K PLUS Vietnam via mobile phone or tablet (a “Device”) using networks which the Bank deems appropriate for connection to K PLUS Vietnam.
3. The User shall ensure that the User’s Device is free of any program that may affect the provision of K PLUS Vietnam service or security of the Bank system such as a bot program or remote application. (“Bot programs” short for “Robot Program”, which means an automated program or a program that can function in accordance with the instruction from the User’s Device having the bot program to perform a function. The User’s Device equipped with a bot program will perform a function as instructed by the “bot program” itself or another person while “Remote application” means an application that can control a computer or mobile phone from a distance via internet network.)
4. The User shall not conduct transactions on K PLUS Vietnam at an unusually high frequency, to the extent that such action causes the K PLUS Vietnam system to fail to open or work, or to be extremely slow or to prevent other K PLUS Vietnam users from using K PLUS Vietnam as usual.
5. The User can download and register for use of services offered by K PLUS Vietnam via channels and per the procedures prescribed by the Bank. The registration will be deemed successfully valid after the User receives confirmation via email to the email address which the User provided to the Bank, and the User will be able to use the services as determined by the Bank. The User affirms that the User has the legitimate right to possess and use the mobile phone number that has been used to register for K PLUS Vietnam and/or other services in connection with K PLUS Vietnam, and the User agrees to give consent to the mobile phone network service provider to disclose and send the mobile phone number to the Bank, to allow the Bank to verify and authenticate the User’s identity, using the mobile phone number, biometric data or other factors as the Bank deems appropriate, when registering for and/or using K PLUS Vietnam and/or other services in connection with K PLUS Vietnam per the Bank’s steps and criteria
6. The use of a PIN and/or One Time Password (OTP) and/or Password and/or other tool(s) that the User uses for logging in to the service per the Terms and Conditions and/or for confirming the use of services (collectively, the “Funds Transfer Tool”) are under the following conditions:
6.1. After being approved to use the service, the User will receive and promptly set the PIN per the steps determined by the Bank.
6.2. The User shall safeguard the Funds Transfer Tool and must keep it confidential. Disclosure of the Funds Transfer Tool is regarded as non-compliance with the Terms and Conditions. The User can change the PIN by himself/herself anytime by using the process as provided by the Bank, without giving notification to the Bank.
6.3. In case the Funds Transfer Tool is lost, missing or damaged; subject to fraud or suspected fraud; or subject to cyber-attack or suspected cyber-attack, the User must immediately notify the Bank through the channel determined by the Bank. In case the Funds Transfer Tool is lost/stolen/invalidated/forgotten, or it expires and needs to be reset, the User may change or reset the Funds Transfer Tool on K PLUS Vietnam using the process as provided by the Bank. In case the Funds Transfer Tool is invalidated due to incorrect PIN being input and exceeding the limit determined by the Bank, the User may unlock the Funds Transfer Tool on K PLUS Vietnam using the authentication process as provided by the Bank.
6.4. The User may turn on the biometrics function to enable the Device to use biometrics such as fingerprint or facial recognition in place of the Funds Transfer Tool. This function will be used in accordance with the conditions and instructions of each Device manufacturer/operating system owner, and the User can then use the services as specified by the Bank
6.5. The User agrees that any actions performed, including but not limited to registering for and use of services, funds transfer, request for and disbursement of loans, identity verification, approval of transactions, acceptance of/ amendment to terms and conditions/services/fees of services, provided by the Bank and/or any person/juristic person, regardless of whether said actions were undertaken by the User himself/herself or by another person with the use of the Funds Transfer Tool, are complete and valid, and are binding upon the User as if they were undertaken by the User himself/herself; such actions are deemed executed by the User by way of electronic signature as evidence for the transaction, which is complete and valid from the time the transaction is confirmed. The User agrees and acknowledges that there are risks related to the use of services via electronic channels, which does not require any additional documents or evidence for confirmation and/or delivery to the Bank, unless otherwise stated by the Bank. The User must check the balance every time a transaction has been conducted.
7. Services/functions of K PLUS Vietnam are as follows:
7.1. Each savings account or current account or lending account can be linked to only one mobile phone number, but one mobile phone number can be linked with several accounts under the conditions determined by the Bank.
7.2. Domestic funds transfer/Bill payment and Top up
7.2.1. Full KYC Customer (Customer who applied for K PLUS Vietnam with existing bank account or opens an online account via K PLUS Vietnam and already updated personal data by video call via K PLUS Vietnam or at the Bank’s branch
o The User can make funds transfer of unlimited amount to his/her own account opened and maintained with the Bank.
o The User can make funds transfer in aggregate amount not exceeding 3 billion Vietnamese Dong or equivalent per day to:
– another person’s account opened and maintained with the Bank; and/or
– the User’s own account or another person’s account opened and maintained with other banks.
o The User can make bill payment and top up transaction in aggregate amount not exceeding 100 million Vietnamese Dong or equivalent per day. o The User may use services related to the loan such as request for loan, check balance and repayment of loan and/or other services to be provided by the Bank in the future under the terms and conditions determined by the Bank. For avoidance of doubt, the grant of loan thereunder shall be subject to the Bank’s consideration.
7.2.2. eKYC Customer (Customer who opened an online account via K PLUS Vietnam) o The User can make funds transfer of unlimited amount to his/her own account opened and maintained with the Bank. o The User can make funds transfer in aggregate amount not exceeding 100 million Vietnamese Dong or equivalent per month to: – another person’s account opened and maintained with the Bank; and/or
– the User’s own account or another person’s account opened and maintained with other banks.
o The User can make bill payment and top up transaction in aggregate amount not exceeding 100 million Vietnamese Dong or equivalent per day.
o The User may use services related to the loan such as request for loan, check balance and repayment of loan and/or other services to be provided by the Bank in the future under the methods and conditions determined by the Bank. For avoidance of doubt, the grant of loan thereunder shall be subject to the Bank’s consideration.
7.2.3. The Bank will debit the amount specified by the User together with the fee (if any) from the User's account immediately, and such amount will be transferred to the recipient’s account within the period specified by the Bank.
7.3. The User is able to register for or renew registration of various services via K PLUS Vietnam, including but not limited to opening an e-current account. The registration/renewal will be completed once the User receives an email confirmation.
7.4. The User may use the notification function under the following terms and conditions:
7.4.1. In order to start using the function, the function has to be activated; the User may activate or deactivate such function by himself/herself anytime via K PLUS Vietnam.
7.4.2. The Bank may send news, press releases, other information of the Bank or its partners, or the User’s financial transaction data via such function (which the User may view without logging in to K PLUS Vietnam for some activities) as the Bank’s service is available, except for incoming-outgoing funds which are classified as interest or certain types of fees, or cancellation of certain types of financial transactions by the Bank. Such transaction notification is not real-time. The financial transaction data provided in the notification can only be used for verifying the User’s statement of account, and must not be used as reference or evidence for application for services or conducting any transaction with the Bank or other financial institutions. The User shall prevent any unauthorized and/or unlawful access to, or use of, the User’s financial transaction data by any persons. If there is any unauthorized and/or unlawful access to, or use of, the User’s financial transaction data which is not the Bank’s fault, the Bank shall take no responsibility
7.4.3. In case the User does not receive a financial transaction data notification as a result of (1) service network system malfunction, or (2) no mobile phone/internet signal, or (3) any reason which is not the Bank’s fault, the Bank shall take no responsibility.
8. The User may (1) accept funds transfer from the transferor and/or (2) make funds transfer to the transferee by scanning or displaying QR code or barcode or any other codes generated by the Bank or other institutions in accordance with the established standards (collectively “QR Code”) under K PLUS Vietnam. The User is responsible for checking the completeness and accuracy of the transaction data such as the name/surname of the transferee, bank name, deposit account name, deposit account number, the amount in Vietnamese Dong /related foreign currency, foreign exchange rate (if any), mobile phone number, email address (if any), date and time the User has conducted transaction, fee and other expenses (if any) before pressing the button to confirm the transaction or before the display of QR code and after the transaction has been successfully conducted. The Bank has no responsibility for checking the accuracy or completeness of said data.
9. Aside from viewing the historical record of payment/funds transfer transactions, the User will receive a confirmation note as evidence of the payment/funds transfer transaction via the User's Email Address registered with K PLUS Vietnam or with other services for a
specific purpose. The User can request a PDF version of historical transaction record during the period specified by the Bank via K PLUS Vietnam.
10. The User is able to link his/her account opened and maintained with the Bank to K PLUS Vietnam according to the methods and conditions as specified by the Bank.
11. The User may use the currently available services and the services which will be available in the future under the terms and conditions to be prescribed by the Bank and the notice of which may be provided to the User via various channels from time to time.
12. If the User pays the merchants or payees for goods and/or services and/or makes fund transfer to the merchants or payees via K PLUS Vietnam, and if such merchants or payees cannot provide goods, services and/or benefits per the given conditions, or if the User has a complaint about the payment and/or transfer amount, details of promotional program, quality or delivery of goods/services, the User shall conduct an examination and directly make an objection to such merchants or payees. The User accepts that the action, which will cause the Bank to be involved with the dispute between the User and such merchants or payees, will not be taken. If the User has any defense and/or rights to claim, the User shall contact such merchants or payees directly and separately.
13. The User can set images on the User’s Device to be displayed as the User’s personal profile, the payee’s profile or the background of the screen. The User agrees and accepts that none of the images displayed thereon have the content which (1) is not permitted by the intellectual property owner, (2) is not permitted by a person in such image or is a personal image, (3) could lead to conflict or political issue, (4) is obscene, seductive or pornographic, (5) is the image of actors/actresses, musicians, celebrities or athletes (except for a person working in a co-branding program, and the User has obtained an approval from such person), (6) is detrimental to public order and morality, culture or religion, (7) relates to alcohol, gambling or tobacco or (8) relates to symbols of nations or symbols of public agencies or (9) is against the Vietnamese government or inciting/prejudicing riots, security, public order, humiliation, slander, or untruthful information, or (10) contains information prohibited by law.
14. The User agrees that the User is the owner of any data, images, logos or signs including trademarks and service marks that the User has uploaded to the service and/or the User has the legitimate right to upload and use for the service. If the User uses data, images, logos or any signs of another person without permission or in violation of law, the User agrees to take full responsibility for all damages incurred. The Bank has no involvement with such actions. If the Bank is adversely affected, the User agrees to make full compensation to the Bank
15. For the purpose of the User's security, the User can set up the Device to allow location services to determine the location while making transactions.
16. The User will receive evidence of a payment/funds transfer transaction via email to the User's email address registered with K PLUS Vietnam or with other services for a specific purpose.
17. The User must keep confidential all financial, accounting or any other information provided by the Bank and must not divulge such information to others.
18. The User agrees to authorize the Bank to debit the User’s deposit account in order to conduct a transaction and/or provide the services in accordance with the User’s instruction per the Terms and without giving prior notice, but the User must be notified by the Bank. The User agrees that this authorization will not be revoked until services are terminated.
19. The User authorizes the Bank to debit the User’s deposit account of any type held with the Bank or deduct the funds under the possession and/or authority of the Bank, regardless of how the Bank has obtained the deposit, possession and/or authority of the funds, for payment of debt and/or liability of the User immediately. The Bank will notify the User of transaction details (including transaction amount and relevant fees).
20. In case of error in funds transfer which has not been caused by or under the responsibility of the Bank, the User will investigate and claim money directly from, or reimburse money directly to, the User’s disputing party. If the User has a defense and/or any right to claim, the User will lodge a complaint directly with the User’s disputing party.
21. Consent to Collect, Use and/or Disclose information
The User agrees and irrevocably consents to the Bank collecting, storing, processing, and using the customer’s data, financial information, address and/or information, including but not limited to sensitive data of the customer to the extent permitted by the applicable laws, for the purpose of (i) providing necessary services, (ii) fulfilling the request of the User before providing the services, (iii) assigning third parties to support the services, including but not limited to information technology, communications and collection, (iv) assignment of rights and/or obligations, (v) complaint management, and/or (vi) risk management . In addition, the User further agrees and irrevocably consents to the Bank disclosing and transferring the User’s information locally or abroad to KASIKORNBANK PUBLIC COMPANY LIMITED’s (i) outsourcing service providers, (ii) the Bank’s agents, (iii) business partners (iv) sub-contractors, (v) co-branding alliances, (vi) prospective rights/obligations assignees, (vii) rights/obligations assignees, and (viii) cloud computing service providers. The User further agrees and consents to the Bank disclosing his/her personal data and/or information and also agrees and consents to the aforementioned third parties collecting, using, disclosing, and/or transferring his/her personal data and/or information for the same purposes. For more information, please see the Bank’s Privacy Policy: www.kasikornbank.com .vn/en/privacy-policy
In the event that the User discloses another person’s personal data to the Bank for the aforementioned purposes, the User represents and warrants to the Bank that the User has obtained consent from such person or has a legal basis to disclose such person’s personal data to the Bank and has informed such person of the details of the collection, use and/or disclosure of personal data pursuant to these Terms and Conditions and the aforementioned Privacy Policy. The User will indemnify the Bank for any cost, charge, damages, expenses or loss incurred to the Bank due to the User’s failure to comply with this provision
The User hereby certifies that all of the various documents, data and details, which are held by and/or which are delivered to the Bank, regardless of the means by which they are sent, and whether they are sent by the User or the User’s assignee, are accurate and up-to-date and the Bank can use such documents, data and details to provide the services and update data in the Bank’s system. The User hereby warrants that it has the rights and is legally competent to request the use of the services and to make transactions related to the services.
22. For the correction of data and/or details, the User must inform the Bank in advance per the procedures prescribed by the Bank.
23. Unless otherwise stated by the Bank, if the User finds any error, or if there is any reason to temporarily suspend the use of service offered by K PLUS Vietnam, either in whole or in part, or if such suspension of use should be cancelled, the User must contact the Bank via K-Contact Center Vietnam at Tel. +84 28 3821 8888, available Monday through Friday between 8:00 AM - 5:00 PM, excluding Vietnam public holidays, or other channels determined and publically announced by the Bank, to inform the Bank of related information, such as the subject matter, date, time, related parties, transaction amount and details, as well as other information that the Bank may request. After the User notifies the Bank of the error or requests for suspension of services per the procedures determined by the Bank, the Bank will proceed to perform related operations, such as investigating/ rectifying the error, suspending or canceling the suspension of the services within the period notified to the User. To the extent permitted by law, the User will be liable for transactions undertaken prior to the end of said period. The Bank reserves the right to disregard any request that is contrary to Related Law and Rules and Regulations (as defined in Clause 32).
24. The User agrees to pay internet connection fees arising from the use of services in addition to payment for normal use of the Device.
25. Fees/Service Charges/Expenses/Penalty Fees/Taxes and Duties
25.1. The User agrees to pay remuneration to the Bank for the use of services, regardless of its name, whether they are fees, service charges, or any other name, within the due date.
25.2. The User will be solely responsible for payment of fees, taxes, stamp duties, and/or expenses related to the services and its payment transaction made through K PLUS Vietnam (if any).
25.3. If the Bank is required to pay the fees, taxes, duties and/or expenses as mentioned in the preceding paragraph on behalf of the User, the User agrees to authorize the Bank to debit the User’s deposit account in accordance with Clauses 18 and 19 of these Terms and Conditions or reimburse the Bank without delay.
26. Change in Terms and Conditions for the Use of Service
26.1. If the change in terms and conditions for the use of service causes the User to incur more burden or risk, such a change requires prior consent from the User.
26.2. If other terms and conditions are to be changed, the Bank will notify the User in advance through the K PLUS Vietnam application or other communication methods the Bank deems appropriate. Upon receiving such notification, if the User does not provide any objection to the Bank within the period specified by the Bank, the User agrees to authorize the Bank to make the change as notified to the User. If the change affects the User's use of the service (such as adjustment of service fees to reflect rising costs, change to service channels, change to due date, etc.), the Bank will expressly communicate, or give notice of, material information of the change to the User at least 30 days in advance or within the period required by law.
26.3. If the Bank is required by Related Law and Rules and Regulations to proceed with change in any terms and conditions, the User agrees that the Bank will change such terms and conditions in compliance with Related Law and Rules and Regulations
27. Termination of K PLUS Vietnam and Consequences
27.1. The User agrees that the Bank may suspend and/or terminate the services, at any time, either in whole or in part, or for any specific User, by serving prior notice to the User. Regarding the following circumstances, the User agrees that the Bank may suspend and/or terminate the service, either entirely or partially, immediately, as the Bank deems appropriate, without informing the User in advance, and the Bank will not be responsible for any damage which may arise therefrom.
27.1.1. Any data, details, warranty or confirmation provided by the User is not true or not accurate, or may cause material misunderstanding.
27.1.2. There is any factual information that makes the Bank believe such data and/or details provided by the User to the Bank for operations or the use of services by the User may have adverse consequences, or may affect the rights of the Bank or another person, including but not limitd to the User’s use of services via “Bot Programs” or “Remote application”, or if the User conducts transactions at such a high frequency that such action causes K PLUS Vietnam to fail to open or work, or to be extremely slow, or prevents other K PLUS users from using K PLUS as usual; or it is suspected that the User has or will have purposes which are illegitimate or contrary to public order or morality, or may cause the Bank to violate Related Law and Rules and Regulations and/or any orders and/or cooperation and rules and regulations of the Bank and/or the State Bank of Vietnam and/or auditor and/or other supervision authorities.
27.1.3. There is any factual information that makes the Bank believe that the User uses K PLUS Vietnam inappropriately or not according to purposes determined by the Bank, including but not limited to becoming payment agents by using K PLUS Vietnam.
27.1.4. The Bank finds that the User is on a sanction list applied by the Bank.
27.1.5. The Bank finds that the User has falsified documents and/or assumed another person's identity, whether or not that person has given consent for such action, to apply for K PLUS Vietnam, regardless of whether or not the User intends to commit fraud
27.1.6. The Bank detects that damage may arise from the User's device, which has been modified, or from the mobile phone network system and/or any other causes, for example, Jailbreak ("Jailbreak" means the modification of iOS-operated devices to remove restrictions imposed by the manufacturer or operating system owner without permission from the manufacturer or mobile operating system owner) or Root ("Root" means the modification of Android-operated devices to remove restrictions imposed by the manufacturer or operating system owner without permission from the manufacturer or operating system owner), in order to prevent damage that otherwise may be incurred by the User.
27.1.7. The User fails to comply with the Terms and Conditions, including failure to make payment of fees/service charges/expenses/penalty fees/taxes and duties (if any).
27.1.8. The Bank cannot deduct funds to perform operations per the Terms and Conditions.
27.1.9. The User dies.
27.1.10. The Bank must comply with Related Law and Rules and Regulations and/or a request of relevant authorities.
27.2. The User may terminate the use of K PLUS Vietnam via K-Contact Center Vietnam or other channels determined by the Bank, and must follow the Bank procedures. The termination will be completed once the User receives email confirmation of the service termination.
27.3. The termination of services under the Terms and Conditions, for any reason, will not release the User from any obligations accrued on or before the date of termination unless the User completely fulfills such obligations
28. In case of force majeure or any other causes that prevent the Bank from providing the services under the Terms and Conditions, the User agrees that the Bank has the discretion to provide the services or take any action as the Bank deems appropriate to provide the services under the Terms and Conditions, and the User agrees to fully cooperate with the Bank in every way to improve the service method of the Bank.
29. The User acknowledges and hereby provides consent to the Bank that the Bank may transfer the rights and/or benefits and/or duties, either in whole or in part, under the Terms and Conditions to any person and/or financial institution, as the Bank deems appropriate. Nonetheless, the User cannot transfer the rights and/or benefits and/or duties, either wholly or partly, under the Terms and Conditions to any person and/or financial institution
30. Any delays or failure to exercise rights under the law, these Terms and Conditions or other policies set out by the Bank, including handbooks and the Bank's Interactive Voice Response (IVR) system, will not be regarded as the Bank relinquishing such rights or as the Bank giving the User consent to perform any act.
31. Any letter, notice, or information which the Bank has sent to the User per the address given to the Bank, whether by hand or by postal mail, either registered or unregistered, or email to the email address or SMS or electronic message to the mobile phone number given to the Bank or via the services/channels earlier agreed upon by the User with the Bank (collectively, the “Channel for Receiving Information”), will be deemed as having been rightfully sent to the User, regardless of whether or not such a letter, notice or information is received, even if it cannot be delivered due to the relocation or demolition of, or change in, the Channel for Receiving Information, without any written notification of the relocation, change or demolition given to the Bank; or such a letter, notice or information cannot be sent because the Channel for Receiving Information cannot be located, it will be deemed that the User has rightfully received the letter, notice or information and acknowledged its content. In case of any relocation or demolition of, or change in the Channel for Receiving Information, the User must immediately inform the Bank of the change in writing.
32. The User agrees that the User will fully comply with the law, rules, regulations, order, manual, request for cooperation and any criteria of the Bank of Thailand and the State Bank of Vietnam, the court, regulatory agencies and any other relevant authorities (as the case may be), that currently exist and/or will exist in the future (collectively, the "Related Law and Rules and Regulations"). If there is any change in the Related Law and Rules and Regulations, the User agrees that when using K PLUS Vietnam, the User will immediately comply with the Relevant Laws and Regulations as changed upon a notice given by the Bank or once such changes take effect. If the User violates or fails to comply with the Relevant Laws and Regulations, causing the Bank or relevant parties to pay fines, compensations, damages and/or expenses, the User agrees to reimburse the Bank or relevant parties, as the case may be, for such payment(s) without delay.
33. If, at any time, any provision of the Terms and Conditions or any terms and conditions of the relevant service is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions, nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.
34. The Terms and Conditions will be governed by and construed in accordance with the laws of the Vietnam, and any dispute arising under or in connection with the Terms and Conditions will be resolved exclusively by non-exclusive jurisdiction of the arbitration administered by the Vietnam International Arbitration Centre (“VIAC”) at the Vietnam Chamber of Commerce and Industry in accordance with the Arbitration Rules of VIAC (or any similar successor rules thereto) as are in force on the date when VIAC receives a request for arbitration from a party. The number of arbitrators will be one unless a party to the arbitration requests otherwise, in which case there will be three. If the parties cannot agree on one arbitrator, each of the parties will select one arbitrator and the selected two arbitrators will select a third arbitrator to comprise an arbitration panel of three members. The place for arbitration will be Ho Chi Minh City, Vietnam. The arbitration award is final and binding for both parties. The arbitration will be carried out in Vietnamese, and the prevailing party will be entitled to recover from the losing party all costs and expenses of litigation, including, without limitation, arbitration costs and reasonable attorneys’ fees.
